HomeMy WebLinkAboutTR-81-93 V
THE CORPORATION OF THE MUNICIPAL I i Y OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE
File
Date: SEPTEMBER 20, 1993 Fier. #�'�' _ ___ Cf
By-Law#
Report#: TR-81-93 File #:
Subject: TENDER NW93-34, WILLOWBROOK SUBDIVISION - REPAIR OF
DEFICIENCIES
Recommendations:
It is respectfully recommended that the General Purpose and
Administrative Committee recommend to Council the following:
1. THAT Report TR-81-93 be received,
2 . THAT Bennett Paving and Materials, Oshawa, Ontario,
with a total bid in the amount of $190,646 .22, being
the lowest responsible bidder meeting all terms,
conditions and specifications of Tender NW93-34, be
awarded the contract for Willowbrook Subdivision
Repair of Deficiencies, as required by the Department
of Public Works;
3 . THAT the attached By-law, marked Schedule "A" be
forwarded to Council for approval; and
4 . THAT the total funds required in an approximate amount
of $218,046 .22 ($190, 646 .22 contract + $27,400 .00
Engineering and Supervision) be drawn from the
Subdividers Deposits, Account #2015-00001-0000 .
BACKGROUND AND COk![MENT:
In accordance with Council Resolution #GPA-424-93 (see Schedule
"B" attached) , tender specifications were provided by G. M.
Sernas and Associates Ltd. , for Willowbrook Subdivision Repair
of Deficiencies .
'CYC"
Page Two
TR-81-93
TENDER NW93-34, WILLOWBROOK SUBDIVISION - REPAIR OF DEFICIENCIES
Subsequently, tenders were advertised and issued with bids being
submitted as follows:
Bidder Total Bid Amount
Bennett Paving & Materials Limited $190,646 .22*
Oshawa, Ontario
Harnden & King Construction $215,436 . 83*
Brooklin, Ontario
*Tendered amount adjusted to reflect items not to be extended for
consistency with the Engineer's Estimate.
Based on the low bid, the overall costs are summarized as
follows:
By Contract $190,646 .22
Engineering/Supervision $ 27,400 .00
Total Cost $218,046 .22
In accordance with Resolution #GPA-4,24-93, the irrevocable letter
of credit from Ashdale Capital Corporation Ltd. in the amount of
$1,835,055.05 was drawn down and deposited into the Municipal
bank account.
The required funds will therefore be drawn from the Subdividers
Deposits, in General Ledger Account #2015-00001-0000 .
The unexpended funds will be retained until the project is
completed to the satisfaction of the Director of Public Works .
Any funds owing to the Developer will be released as appropriate
upon notification from the Director.
The low bidder has previously performed satisfactorily for the
Municipality of Clarington.
The Treasurer has reviewed the funding requirements and concurs
with the recommendation. Queries with respect to department
needs, specifications, etc. , should be referred to the Director
of Public Works .
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Page Three
TR-82-93
TENDER NW93-34 - WILLOWBROOK SUBDIVISION - REPAIR OF DEFICIENCIES
After further review and analysis of the bids by Public Works, G.
M. Sernas and Associates Ltd. and Purchasing, it was mutually
agreed that the low bidder, Bennett Paving and Materials, Oshawa,
Ontario, be recommended for the contract for Willowbrook
Subdivision - Repair of Deficiencies . A letter from the
consultant is attached marked Schedule "C" .
Respectfully submitted,
Marie Marano, H.B. Sc. ,AMCT. ,
Treasurer.
W.A. Evans, P. Eng. ,.
Director of Public Works .
LAB:ss
Attachments
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SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 93-
Being a By-Law to authorize a contract between the
Corporation of the Municipality of Clarington and
Bennett Paving and Materials in respect of the
Willowbrook Subdivision - Repair of Deficiencies
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute,
on behalf of the Corporation of the Municipality of
Clarington with the Corporation Seal, a contract between
Bennett Paving and Materials and said Corporation.
2 . THAT this agreement attached hereto as Schedule "A" form
part of this By-law.
By-law read a first and second time this day of September,
1993 .
By law read a third time and finally passed this day of
September, 1993 .
Mayor
Clerk
i
SCHEDULE "B"
THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: JULY 5, 1993 Res. #
Report#:-_ WD-27-93 File#: B.02.09.003 By-Law#
Subject: WILLOWBROOK GARDENS SUBDIVISION,
PLAN 40M-1676,
COMPLETION OF ALL OUTSTANDING WORKS
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-27-93 be received;
2 . THAT the Director of Public Works be authorized FORTHWITH to
issue a 'Final Notification Letter' to Ashdale Capital
Corporation Ltd. notifying it of its default, neglect, act or
omission in failing to complete the construction or
installation of the Works pursuant to the Subdivision
-!...Agreement with the Town such notice given pursuant to
paragraph 5. 17(1) of the Subdivision Agreement and requiring
that all outstanding Works be completed on or before August
13, 1993.
3. THAT, if all outstanding Works are not completed by the August
13, 1993. to the satisfaction of the Director of Public Works,
the Treasurer is authorized to present the letter of credit
(P.26010T06206) deposited with the Town in respect of the
construction and maintenance of the Works and other
obligations provided for in the Subdivision Agreement for
payment at the issuing bank.
4. THAT the Director of Public Works and the Treasurer be
authorized to expend the monies received from the presentation
of the letter:of .credit to satisfy the Owner's obligations in
respect. of Jthe completion of the':. .construction,` and :' the
{ CrF:. if.,}xt Ji}kr.r`Ili� r , q t U y i�ff,$P � N+.� PAPEa nicrcEE:,'i f;ci✓, f j a x'. r [ ,Y C°7`!h Y 5., '
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REPORT NO. : WD-27-93 PAGE 2
maintenance of the Works in accordance with the Subdivision
Agreement.
5. THAT Ashdale Capital Corporation Ltd. and the Royal Bank of
Canada be advised of Council's decision and be provided with
a copy of Report WD-27-93. j
REPORT
iII
1.0 ATTACHMENTS I
No. 1: Key Map
No. 2 : Copy of letter from Owner's Engineer, dated June 3, `
1993
No. 3: Copy of Letter to Owner, dated June 7, 1993
No. 4: Copy of Pertinent Excerpts from the Subdivision
Agreement
No. 5: Copy of proposed 'Final Notification Letter' to
Owner
2.0 BACKGROUND .
2 . 1 The Corporation of the Town of Newcastle entered into a
Subdivision Agreement, dated August 22, 1991, with Ashdale
Capital Corporation Ltd. as Owner to develop lands located in
Bowmanville by a plan of subdivision (Attachment No. 1) . The
Subdivision Agreement required that the Owner construct a
storm sewer system; stormwater management works; all
roadworks, including hotmix paving, curbs, sidewalks, topsoil.
and sodding of boulevards, paving of driveway entrances,
street lighting, street trees; noise attenuation fencing, and
reconstructing Bradshaw Street, hereinafter referred to as the
'Works ' .
2 .2 At the time of entering into the Subdivision Agreement, the
Owner deposited with the Treasurer a letter of credit
(P26010T06206 issued by the Royal Bank) to secure- the
construction and maintenance of the Works required and other
.obligations provided in the Subdivision Agreement. The
present amount of the letter of credit is $1,836,294. 10.
REPORT NO. : WD-27-93 PAGE 3
2 .3 The initial Works were completed by the Owner in the fall of
1991. Since that time numerous complaints have been received
from residents regarding the lack of construction activity
within the subdivision. Despite attempts by staff to contact
the Owner to expedite the Works, the Owner has not responded
and no action has occurred to date.
2.4 A letter was received from the Owner's Engineer, G. M. Sernas
and Associates Ltd. , dated June 3, 1993, advising that they
had withdrawn their services and were proceeding with lien
action against Ashdale Capital Corporation Ltd. (Attachment
No. 2) .
2.5:' Public Works staff issued an advisory letter on June 7, 1993
notifying the Owner that a report to Council was being
prepared which could be averted if immediate action. was taken
to initiate the Works (Attachment No. 3) . Again, no action or
response has occurred to date.
2.6 The outstanding Works include, but are not necessarily limited
to: base asphalt repairs, curbs, sidewalks, surface asphalt
paving, driveway approach paving, boulevard sodding, street
trees, sound barrier fencing and the reconstruction of
Bradshaw Street. Staff estimates the cost of completing all
outstanding Works to be approximately $1,100,000.00.
2 .7 Pursuant to paragraph 5.17(1) of each of the Subdivision
Agreement (Attachment No. 4) , the Director of Public Works
after receiving the authority of Town Council may give the
Owner notice in writing of the default, neglect, act or
omission of the Owner in not constructing or installing or
causing to be constructed or installed any of the Works
required by the Subdivision Agreement. On the later to occur
of ten ( 10) business days after the giving of such notice or
such additional period as may be specified in the notice, the
Town, at the cost and expense of the Owner may employ a
contractor or such workmen and purchase such services and/or
,� � 722
REPORT NO. : WD-27-93 PAGE 4
required for the proper completion of the Works in accordance
with the Subdivision Agreement.
2 .8 To ensure the Town can carry out the completion of the
outstanding Works this construction_season, if the Owner does
not complete all outstanding requirements by August 13, 1993,
the Town will proceed with completing the Works at the full
expense of the Owner. In order to protect the Town's
interests and ensure there are no delays in accessing the
security for the Works, it is recommended that the letter of
credit be drawn down for its full value.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P Eng. , Lawrence E. Rot e f�,
Director of Public Works Chief Administ ati e Officer
NC*WAE*ph
June 23, 1993
Attachments _
pc: Ashdale Capital Corporation
85 West Beaver Creek Road
Richmond Hill, Ontario
L4B 1R4
Fax: 881-8116
i
Attention: Mr. J. Cornacchia
I
Royal Bank of Canada,
Regional Corporate Centre,
40 Ring Street West, 8th Floor,
Oshawa, Ontario
L14 1A4
Fax: 436-7347
Attention: Mr. R.W. Lawrence `#
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TE. JUNE 1993
0 0 0°°�0 0 ATTACHMENT N0, 1
23-93
KEY MAP t _ - 2 4
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G.M. Sernas
June 3, 1993 OAssociates Ltd.
;ona;Ihttq En:;meerS 3 Planner,
VIA FACSIMILE AND MAIL 110 SIXNId court,unit 41
Whith;;,Ontario 11 N 8Y7
Town of Newcastle forit l,o{e:(116) 1,2 7679
1o{onto line: (•115)4Z6-90.9.
40 Temperance Street ray;:(416)432-787;
Bowmanville, Ontario _
L1C 3A6
Attention: Mr. A.S. Cannella, C.E.T.
Manager of Engineering
Dear Sir:
RE: ASHDALE CAPITAL CORPORATION LTD. `
PLAN 40M-1676
TOWN OF NEWCASTLE
OUR PROJECT NO. 88242
Please be advised that G. M. Sernas & Associates Limited has
withdrawn our services and proceeded with lien action against
Ashdale Capital- Co.rporatiori°Ltd. for non-payment of professional
fees on the Willowbrook Gardens Subdivision.
We will continue our attempts to resolve this issue with our client
and will inform you, in writing, should a satisfactory resolution
be attained. In the interim, it is asked that all correspondence
and items requiring action be forwarded directly to Ashdale.
Should you wish to discuss this matter further, we would be pleased
to meet with you at your convenience.
Yours very truly _:
G. M. SE$d A7e-15ster,OCIATES LIMITED - � � _-_-
'-- "t ase Ansvrer
\ - —
i<)ld E.Eicl:ittt IO lii4
TO
Reg ald D. P. Eng.
President & General Manager
RDW/1 ob
cc: Region of Durham, Attn: Mr. C. Curtis, P.Eng.
Pilen Construction, Attn: Mr. T. Marchese
Ashdale Capital Corporation, Attn: Mr. J. Cornacchia j
Snell, Fraser Lawyers, Attn: Mr. S. Mutch
G.M. Sernas & Associates Limited, Attn: Mr. N. Mensink, P.Eng.
Attn: Mr. D. Dwyer, C.E.T.
ATTACHMENT N0. 2
WD-27-93
97 I
MISSISSAUGA WHITBY OTTAWA
!�1
OWARIO
v
June 7, 1993
Ashdale Capital Corporation
85 West Beaver Creek Road
Unit 2
Richmond Hill, ON
L4B 1K4
FAX: 881-8116
ATTENTION: Mr. J. Cornacchia
Dear Sir:
RE: WILLOWBROOKE SUBDIVISION, BOWMANVILLE
PLAN 40M-1676
I�I On May 11, 1993 , this office sent a letter to your consultants,
G.M. Sernas and Associates Limited requiring that a schedule be
Iforwarded showing the completion of remaining works . I have
attached a copy for your reference. No response was received from
your office.
On June 3, 1993, we received a letter from G.M. Sernas and
Associates Limited (also attached) , advising that they have
'withdrawn our services ' relating to your project.
In addition, this office has received calls from residents
requesting that surface works and fencing be completed. Since
there has been no recent activity in that regard, it appears the
works are abandoned.
Since this situation contravenes sections 5.3, 5 . 17 and
Schedule 'I ' of the Subdivision Agreement, we are proceeding with
a report to Council under section 5. 17 of the agreement.
ATTACHMENT N0. 3
WD-27-93
. 2
l Z 6 �.
CORPORATION OF THE TOWN OF NEWCASTLE
. . .2
Should you wish to avert this action, we would suggest that you
immediately:
1. Resolve the status of your engineer; and
2 . Submit a schedule outlining prompt completion of appropriate
surface works and fencing.
Yours truly,
Norman A. Clark, C.E .T.
Construction Supervisor
NAC/ce
pc: A.S.-- Cannella, Manager of Engineering
R. Webster, G.M. Sernas & Associates Ltd.
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Page'47
5.17 Incomplete or Faulty Works and Liens
(1) If, in the opinion of the Director, the Owner is not constructing and installing or
causing to be constructed or installed any of the Works required by this Agreement
so that it will be completed within the time specified for such completion in the
Schedule of Works, or if the Works are being imluoperly constructed or installed,
or if the Owner neglects or abandons the said Works or any pan of them before
completion, or unreasonable delay occurs in the execution of the same, or for any
other reason the Works are not being constructed or installed properly and promptly
and in full compliance with the provisions of this Agreement, or the Owner neglects
or refuses to reconstruct or reinstall any of the Works which may be rejected by
4 the Director as defective, deficient or unsuitable,or the Owner in the opinion of the
Director otherwise defaults in performance of this Agreement, then in any such case
;. after receiving the authority of the Town Council, the Director may give the Owner
notice in writing of such default, neglect, act or omission. Following the later to
occur of the expiry of ten(10) business days, excluding Saturdays, after the giving of
such notice and the expiry of such additional period as may be specified in the
notice given to.the Owner by the Director, the Town, at the cost and expense of the
Owner, may employ a contractor or such workmen and purchase such services,
supplies and/or services as in the opinion of the Director are required for the
proper completion of the Works in accordance with this Agreement. In cases of an
emergency, as determined by the Director in his discretion, any deficiency(s) or
defect(s) in the Works, or any failure to complete the Works in accordance with this
Agreement, may be corrected or remedied by the Town at the cost and expense of
the Owner without prior notice to the Owner, provided that forthwith after the
Town so acts, the Director shall give written notice to the Owner describing the
emergency, the action taken by the Director, and the cost of correcting the
deficiency or default in question. The cost of any work which the Town undertakes
under this paragraph 5.17(1) shall be determined by the Director in his discretion
and his decision shall be final. It is understood and agreed by the Parties that the
cost for which the Owner is responsible under this paragraph 5.17(1) shall include
a management fee to the Town either of thirty (30%) percent of the contractor's
charges to the Town (including any charges for overhead and profit) or, if such work
is undertaken by the Town, thirty (30%) percent of all costs incurred by the Town
to complete the Works in question. The Owner shall reimburse the Town for the
cost of all Works, and the cost of correcting or remedying all deficiencies, defects
and defaults pursuant to this paragraph 5.17(1) which have been incurred by the
Town forthwith after the Director gives the Owner written demand for payment of
such cost.
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ATTACHMENT N0. 4
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Page 48
(2) In the event that any construction liens are filed under the Construction Lien Act,
such filing(s) shall constitute a default in performance by the Owner of this
Agreement. In any such case, the Director may notify the Owner in writing of such
default. If the Owner fails to discharg? the lien claimant within ten (10) business
days, excluding Saturdays, after the giving of such notice, or within such further
period of time as may be specified in the notice, then the Town may pay the full
amount of the claim and costT into a Court of competent jurisdiction. The Town is
hereby authorized by the Owner to draw on and appropriate the whole or any
portion(s) of the Performance Guarantee to indemnify the Town against the costs
and expense so incurred by the Town. In the event that the Town draws on and
appropriates any portion of the Performance Guarantee to satisfy the claim of any
one (1) or more construction lien claimants and costs, forthwith after the Director -
gives written notice to the Owner requiring it to do so, the Owner shall reinstate
the Performance Guarantee and/or the Security for the Maintenance Guarantee, as
the case may be, to the full amount(s) required under the provisions of this
Agreement.
I
5.18 Entry for Emergency Repairs
i
In addition to the Town's other rights under this Agreement, the Owner
acknowledges and agrees that at any time and from time to time, employees or
representatives of the Town who are authorized by the Director, or contractors retained by
the Town may enter on the said Lands for the purpose of making emergency repairs to any
Of the Works. Such entry and repairs shall not be deemed to be an acceptance of any of
the Works by the Town, nor an assumptic,n by the Town of any responsibility or liability
in connection therewith, or a release by the Town of the Owner from obligations
� y of obli
an it g ns
I under this Agreement.
�I!
II
5.19 Damage to Existing Services
Forthwith after written
� demand therefor is given by the Director to the Owner, the
( � Owner shall pay to or to the direction of the Town, the cost of repairing any damage to
any property or services of the To
wn, the Region, or any utility authority or company or
(the "Damaged Services") including without limiting the generality of the foregoing, any
road(s), water, electrical, gas, telephone, 1
� p cable e television and sewer systems, and the cost
of relocating any Damaged Services, caused by or resulting from the development of any
one (1) or more portions of the Lands, or the construction or installation of any of the
Works,provided that all such repairs and or relocation(s) are completed to the satisfaction
of the Director, the Region and the relevant utility authority or company which owns or is
responsible for the Works,property or services in question. In addition, the Owner agrees
i
with the Town, at the Owner's cost, to relocate any of the Works constructed or installed
f
pursuant to this Agreement which are located in driveways or so close thereto as in the
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July 5, 1993
Ashdale Capital Corporation
85 West Beaver Creek Road
Richmond Hill, Ontario
L4B 1K4
Fax: 881 -8116
Attention: Mr. J. Cornacchia
Dear Sir:
RE: WILLOWBROOK GARDENS SUBDIVISION, BOWMANVILLE, PLAN 40M-1676
TOWN OF NEWCASTLE OUR FILE: B.02.09.003
--FINAL NOTIFICATION LETTER--
This letter will serve as notice, as stipulated under Section 5.17 of the
Subdivision Agreement between the Corporation of the Town of Newcastle and
Ashdale Capital Corporation, that, in the opinion of the Director of Public
Works, you have defaulted in performance under the conditions of the agreement.
Due to a lack of progress on the above-noted subdivision, you are hereby
notified that you have until August 13, 1993, to complete all outstanding works
to the satisfaction of the Director of Public Works which include but are not
limited to:
1 . Carrying out base asphalt repairs;
2. Completing all appropriate curbs, sidewalks and driveway aprons;
3. Completing all boulevards, including sod and street trees;
4. Completing all noise attenuation and chain link fencing;
5. Completing surface asphalt; and
6. Completing Bradshaw Street reconstruction.
All works are to be completed to the satisfaction of the Town of Newcastle and
require the full time supervision of your consulting engineers, G. M. Sernas and
Associates Ltd. -
Public Works' staff will review the status of these works with your consultant
just prior to . the August 13 deadline. Any works not completed to our
satisfaction will then be carried out by the Town, at your full expense, in
accordance with the terms and conditions of the Subdivision Agreement.
Yours truly,
W. A. Evans, P. Eng.
Director of Public Works
NAC:ph
. ATTACHMENT N0. 5
WD-27-93
PC: Marie Marano, Treasurer
Pattie Barrie, Clerk
A. S. Cannella, Manager of Engineering
x'30 I
Royal Bank of Canada,
Regional Corporate Centre,
40 King Street West, 8th Floor,
Oshawa, Ontario
L14 1A4
Attn: Mr. R.W. Lawrence
F_
Pa
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G.P.& A. Minutes - 5 - July 5, 1993
PUBLIC WORKS DEPARTMENT CONTD.
THAT, if all outstanding Phase 1 Works are not completed by August 13,
1993 to the satisfaction of the Director of Public Works, the Treasurer is
authorized to present the Phase,1 letter of credit (P14729T06206 issued by
the Royal Bank) deposited with the Town (other than the letter of credit
deposited for the replacement of trees) for payment at the issuing bank;
THAT the Director of Public Works and the Treasurer be authorized to
expend the monies received from the presentation of the letter of credit
referable to Phase 1 to satisfy the Owner's obligations in respect of the
completion of the construction and maintenance of the Works in accordance
with the Phase 1 Subdivision Agreement;
THAT the Director of Public Works be authorized FORTHWITH to issue a
'Final Notification Letter' to 848601 Ontario Inc. and 829633 Ontario Inc.
notifying them of their default, neglect, act or omission in completing the
construction or installation of the Works pursuant to the Phase 2 Subdivision
Agreement with the Town such notice given pursuant to paragraph 5.17(1) of
the Phase 2 Subdivision Agreement and requiring that all outstanding Works
be completed on or before August 13, 1993;
THAT if all outstanding Phase 2 Works are not completed by August 13, 1993
to the satisfaction of the Director of Public Works, the Treasurer is
authorized to present the Phase 2 letter of credit (P14743TO6206 issued by
the Royal Bank) deposited with the Town (other than the letter of credit for
the replacement of trees) for payment at the issuing bank;
THAT the Director of Public Works and the Treasurer be authorized to
expend the monies received from the presentation of the letters of credit to
satisfy the Owner's obligations in respect of the completion of the
construction and maintenance of the Phase 2 Works in accordance with the
Phase 2 Subdivision Agreement; and
THAT 848601 Ontario Inc., 829633 Ontario Inc., the Royal Bank of Canada,
Garvey Ferris and Mr. A. Cogo be advised of Council's decision and be
provided with a copy of Report WD-26-93, FORTHWITH.
"CAR,RIED"
Willowbrook Gardens Resolution #GPA-424-93
Subdivision, Plan
40M-1676, Moved by Councillor Hooper, seconded by Councillor Novak
Completion of All
Outstanding Works THAT Report WD-27-93 be received;
THAT the Director of Public Works be authorized FORTHWITH to issue a
'Final Notification Letter' to Ashdale Capital Corporation Ltd. notifying it of
its default, neglect, act or omission in failing to complete the construction or
installation of the Works pursuant to the Subdivision Agreement with the
Town, such notice given pursuant to paragraph 5.17(1) of the Subdivision
Agreement, and requiring that all outstanding Works be completed on or
before August 13, 1993;
132
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G.P.& A. Minutes - 6 - July 5, 1993
PUBLIC WORKS DEPARTMENT CONT'D.
THAT, if all outstanding Works are not completed by the August 13, 1993 to
the satisfaction of the Director of Public Works, the Treasurer is authorized
to present the letter of credit (P.26010T06206) deposited with the Town in
respect of the constructions and maintenance of the Works and other
obligations provided for in the Subdivision Agreement for payment at the
issuing bank;
THAT the Director of Public Works and the Treasurer be authorized to
expend the monies received from the presentation of the letter of credit to
satisfy the Owner's obligations in respect of the completion of the
construction and the maintenance of the Works in accordance with the
Subdivision Agreement; and
THAT Ashdale Capital Corporation Ltd. and the Royal Bank of Canada be
advised of Council's decision and be provided with a copy of Report
WD-27-93, FORTHWITH.
"CARRIED"
Request for Closure Resolution #GPA-425-93
and Conveyance of
Unopened Road Moved by Councillor Dreslinski, seconded by Councillor Hooper
Allowance Between
Lots 2 and 3, THAT Report WD-28-93 be received;
Cone. 8, Clarke
to Mario Veltri THAT the request to stop-up, close and convey the subject unopened road
allowance be denied; and
THAT Sam L. Cureatz, Barrister and Solicitor, be advised of Council's
decision.
"CARRIED"
ADMINISTRATOR
There were no reports considered under this section of the agenda
Acting Mayor O'Toole chaired this portion of the meeting.
UNFINISHED BUSINESS
There were no items considered under this section of the agenda
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SCHEDULE "C"
ar
GM, Sofernas
FACSIMILE QAssoeiates Ltd.
4Cg- Consu-tingEngineers&Planners
TRANSMISSION 110 Scotia Court, Unit 41
Whitby,Ontario LIN BY7
TeieK hone;(416)432-7878
Toronto tine:(416)666-6402
Fax:(416)432.7877
TO: MunicipalitZ of Clarin ton _ _ _ DATE: September 10, 1993_
Attn: L.A. Birkett PROJECT: 88242-539
Dale Dionne
FROAA: --
Original to follow by: MAIL COURIER FAX ONLY X
El NE ARE TRANSMITTING HEREWITH 3 PAGES, INCLUDING THIS TRANSMITTAL SHEET. SHOULD
YOU NOT RECEIVE ALL PAGES AS NOTED, PLEASE CONTACT US AT THE ABOVE NUMBER.
With regard to. Willowbrook Gardens Subd_ivi.sion
Contract NW93-34
Copy of recommendation letter for your review, Original will be mailed
upon you approval of letter. Recoirnitendati.on l et tear. for Boulevard 'free
Planting (NW93-35) will follow shortly as wo conrp'lete our :investigation
of the references.
*48
FACSIMILE NO:
CC:
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MWI
u? I JU II � UUnW r1% IVI 'JVJ 0Li1%I�n0 1V 1V1UI% VI,nhIINVIV11 fUUG
+ .11�. Slernas
September 10, 1993 0ASSOciates Ltd.
Consulting Engineers&Planners
110 Scotia Court, Unit 41
Whitby,Ontario L1 N 8Y7
Telephone:(416)432-7878
Municipality of Clarington Toront)Line:(416)6866402
'
40 Temperance Street Fax:(416)432-7877
Bowmanville, Ontario .�
L1C 3A6
Attention: Mr. W. Evans, P. Eng.
Director of Public Works
Dear Sir:
RE: TENDER CLOSING
RECTIFICATION OF DEFICIENCIES & ABOVE GROUND WORKS
WILLOWBROOK GARDENS SUBDIVISION
MUNICIPALITY OF CLARINGTON, CONTRACT NW93-34
OUR PROJECT NO. 88242 _ ......_......
_
j Tenders for the above noted project were received and opened on
1 Wednesday, September 8, 1993 at 2 : 00 P.M. The following is a
summary of the two (2) tenders received .
Total
Tinders 'Tendered Amount
1. Bennett Paving & Materials Limited $190, 646 .22
2 . Harnden & King Construction $215 ,436.83
* Tendered amount adjusted to reflect items not to be
extended for consistency with the Engineer' s Estimate.
The Engineer' s Estimate for the tendered work was $244 , 613 .52 . In
comparison to the Engineer ' s Estimate, the lawnst tenc,er represents
a decrease of approximately $53 , 967 . 30. or 22 . 1 .
We have examined the two (2) tender subm iss ions and find them to be
complete and in compliance with general. tendering requirements.
Furthermore, we have analyzed the unit prices tendered on the two
(2) tenders and have found the unit prices bid to be reasonable
without evidence of unbalancing.
The contract is open for acceptance for a period of 30 days after
the tender closing date of September 3 , 199:3 . The contract work is
scheduled for completion within six ( ()) weeks after the date of
official notification to commence work.,
. . ./2
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G.M.Semas
0,Assaciates Ltd.
�X <«,wronorw�»«,acumrs
Municipality of Clarington
Attn: Mr. W. Evans, P. Eng.
September 10, 1993
Page 2 _ .-
Based upon the low tender received, that of Bennett Paving and
Materials Limited , the following is our summary of the project
cost attributable to the Municipality of Clarington.
TOTAL PROaECT COST
Contract Tender Amount (Intl. GST) $177, 070. 66
Contingency Items 13 , 575 . 56
Total Tendered $190, 64E .22
Engineering & Resident Supervision 27 , 4001 . 00
Total $218, 046.22
The contract work includes the repair of deficient portions of the
storm system and base roadworks, the completion of surface asphalt,
second stage concrete curb, concrete sidewalk, boulevard grading
and sodding, noise barrier fencing (where applicable) , and general
clean-up of debris located in the road allowances.
Based on the recent completion of Contract NW93-19 for the
Municipality of Clarington, we are satisfied that Bennett Paving
and Materials Limited is capable of completi_nq this project to the
terms of the contract and therefore, recommend acceptance of the
low tender and award of the contract to Bennett. Paving and
Materials Limited subject to the requisite approvals .
Trusting the above is to your satisfaction, we remai),7.
Yours truly,
G.M. Sernas & Associates Limited
Dale Dionne, P. Eng. , MBA Dar.r:�tMana-*_ r
P. Eng.
Contracts Administrator Proj
DD:ml
cc: Municipality of Clarington, Attn: L.A. Birkett A.M.C.T. (A)
Municipality of Clarington, Attn: Mr. Norm Clark
I